"I am not a number! I am a free man!" The employment equity act, 1998 (and other myths about the pursuit of "equality", "equity" and "dignity" in post-apartheid south africa) part 2 am louw1 summary


"I am not a number! I am a free man!"2



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"I am not a number! I am a free man!"2

THE EMPLOYMENT EQUITY ACT, 1998 (AND OTHER MYTHS ABOUT THE PURSUIT OF "EQUALITY", "EQUITY" AND "DIGNITY" IN POST-APARTHEID SOUTH AFRICA)

(PART 2)3

AM Louw4

Introduction (to Part 2)

Part 1 of this piece undertook a critical analysis of the constitutionality of the affirmative action scheme as contained in Chapter III of the Employment Equity Act, 1998 (or EEA). The author argued that the scheme, and especially its obsession with demographic representivity as a primary objective of affirmative action in employment, is unconstitutional. In this second part the author will critically evaluate the Constitutional Court's judgment in the recent case of South African Police Service v Solidarity obo Barnard 2014 ZACC 23. After a brief discussion of the recent amendments to the EEA (in respect of its affirmative action provisions), the author will then provide conclusions and further reasons for the imperative to reject the Act's version of affirmative action (and, more broadly, the notion of demographic representivity within our equality paradigm).






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